Current status of the Japanese judicial system (making bureaucracy profit centricism feel)日本の裁判組織

(Caution) We used automatic translation of Google for English translation. If there is a mistake in the expression of English translation, please translate it from Japanese.
(注意)英訳はGoogleの自動翻訳を使用しました。 英訳の表現に間違いがあれば和文より翻訳をお願いします。

Current status of the Japanese judicial system (making bureaucracy profit centricism feel)

Hello I wondered whether or not to post a concrete truth, but I posted it so that many stakeholders can know the reality. If you do not match this category please forgive me.
I hope that you can investigate the truth by "reference text" and "reference book" described in the last page in the bottom column.
はじめまして 具体的な真実を投稿するか否か迷いましたが、現実を多くの(先進国民である)関係者に知って頂くため投稿しました。なお、このカテゴリーに合わなければお許し下さい。

The court (high court, district court, Supreme Court) ruling that seemed preferential treatment of the major local media was illegible

March 3, 2011 My friend 's son was driven to suicide by death from overwork.

Workplace of overworked dead people "SBS information system separated from the computing division of SBS Shizuoka Broadcasting - Shizuoka Shimbun" for the purpose of intentionally escaping responsibility,

We plan to assert reasons that are convenient for the victim's employer, complete the investigation solely with the report of the chief executive officer of the affiliated business headquarters (without any other cause investigation)

In the employment regulations, the judgment violates the rule that the "Labor Standards Inspection Office" must decide,
Work company is "to decide (it is suicide by personal circumstances)"
The head of the labor and officer of the company (head of the General Affairs Department, Kazuya Natsume) announced unjustified content to the bereaved families.

As a formal document, the employer company sent "a decision not an occupational accident" to the bereaved families on April 1, 2011.
(It can be felt that it is a fraudulent liability act of a company company)

1. Article 27 of the Constitution of Japan Constitutional standards relating to wages, working hours, rest and other working conditions are governed by law
It decides.
     Labor Standards Act Chapter 9 Employment Regulations (Procedure for Preparation of Employment Regulations) Article 90 The employer shall prepare employment rules or
     If there is a labor union organized by a majority of the workers in the workplace concerning the change, the labor union
, If there is no labor union organized by a majority of the workers, hear the opinions of those representing the majority of the workers
There must be.
1.日本国憲法 第27条の 2 賃金、就業時間、休息その他の勤労条件に関する基準は、法律でこ
    労働基準法 第九章 就業規則  (就業規則の作成手続き)第九十条 使用者は、就業規則の作成又は
(By the way it is a family capital so we do not let 'labor union' make it.
The person who designates and represents the person who is convenient for his / her place of employment. )

○ 2 The user shall attach a document stating the opinion of the preceding paragraph with regard to making a notification pursuant to the provision of the preceding Article
 ○2  使用者は、前条の規定により届出をなすについて、前項の意見を記した書面を添付しなければなら

Employment Regulations Chapter 11 Disaster Compensation Article 58 Company is liable for employees due to business reasons, suffering from injury or death
In accordance with the Labor Standards Law and the Workers' Accident Compensation Insurance Law, in addition to providing disaster compensation to employees,
Employers shall make non-statutory compensation, as otherwise specified.
However, whether it is "on work" or not is based on the accreditation of the competent labor standards supervision department.
    就業規則 第11章災害補償 第58条 社は、社員が業務上の事由、により傷病にかかり又は死亡

Therefore, acts that easily violate the Company's "rules of employment" based on the Constitution and the Labor Standards Act are being carried out.
(SBS Shizuoka Broadcasting · Shizuoka Shimbun) seems to be a family business, he insisted that "corporate action is law"
We estimate that you can act against the victim's bereaved family freely.

2.The bereaved family got informed from outside acquaintance of the deceased employee and asked a lawyer to ask the Shizuoka District Court for preservation of evidence
The Shizuoka District Court was held on July 21, 2011.

 At the time of preservation of the evidence, the judge who conducted the examination,
"Materials disclosed here can be evidence of workplace advantage or disadvantage in court etc, but later on working
The evidence (material) presented earlier can not be an advantageous evidence of the workplace. "

3.Based on these materials, we apply for workers' compensation to labor standard supervisory office, and officially as industrial accident certified in June 2012
This certification also includes actions that correspond to the power harassment of type ④ defined by the Ministry of Health, Labor and Welfare
You can guess that.

 As an illustrative example, computer work from the workplace from 2010 "(Aichi Prefecture Ouchu City Medical Research Center Center) computer software
Dialogue with related deliveries (Hiroshi Watanabe, director of customer information officials medical information)
The predecessor (woman) of the victim dropped into a hardship due to lack of customer information from his boss and was forced to retire.
  関係納入(顧客責任者 医療情報室長 渡辺 浩)との対話で
 The boss directly handed over the task amount of the victim (overworked 
 dead) at that time "without grasping workload, work overlap degree, skills" 

Because the direct supervisor did not reduce the current workload corresponding to that work,
The same difficult situation as the predecessor (the contract requirement with the customer and the interpretation of the requirement of the boss are different)
Because the boss who is the responsible person neglected its explanation and support,

The victim who is the system supplier was strictly warned than the customer,
"Boss who promised with customers (Teruya Miyagijima)" also acted to escape responsibility,
The victim is in a state of having one's responsibility
"Depression state" occurred, and it was driven to the choice of death.

 The victim was left responsible alone, so I could not consult with another colleague to discuss.
The bereaved families have received testimony from their predecessors. In the case of
Customer complaints (above) have not been resolved, but another new work (Shizuoka municipal Shizuoka hospital) was added and the company's boss neglected labor response without repentance on labor, so the victim is more than the ability (extreme) He was compelled to work, "suffering" occurred, was deeply injured in the choice of death, died.

To that background, from the time (President / Mitsuaki Shinohara) of the time, "command to increase work amount 1.5 times than the current work amount"
However, an exercise was given to the managerial staff of "Do not let increase of overtime allowance" for that.
(President · Mitsuaki Shinohara) received the explanation from the bereaved families.

4.According to the employment regulations of the workplace, at this point you must admit death from overwork at work,
For the defendant companies themselves completely breaking the rules of employment prescribed by themselves and planning to escape responsibility,
We will create a provision for convenient working hours later
The first instance defendant created illegitimate evidence that seems to have been tampered with the material presented at the time of evidence preservation
It is believed that the judge in charge of the court held it in a discretionary discretion for the purpose of recognizing the argument of the first instance defendant.
It seems to be a very malicious act.

As the grounds for that, because it is a major mass media company relationship in Shizuoka City, "Shizuoka District Court Director who assumed office as" September Heisei 26 "
Inauguration interview was held on "October 10, Heisei 26", but at that time, I think that the first-instance defendant business relations reporter got acquainted as an interview
I will.
(Reference newspaper article "Mass Communication Shizuoka Shimbun (October 11, Heisei 26) morning paper" Reference face photo included)

(Chairman) is also SBS Shizuoka Broadcasting and Shizuoka Shimbun (representative officer)
At that time, the president of the SBS information system returned to the "executive" of SBS Shizuoka Broadcasting in just three months after the incident and became General Director-General (concurrently serving as SBS Shizuoka Broadcasting and Shizuoka Shimbun)
We have dealt with countermeasures of managerial staff scandal, and dealt with the direction that is convenient for the company including this death from overwork
(参考新聞記事 ”マスコミ静岡新聞(平成26年10月11日)朝刊”参照  顔写真入り) 

(会長) はSBS静岡放送静岡新聞(代表役員)でもあり、

Therefore, the first instance defendant (in case it brought it to the court) acts as a result of judging that the court gives consideration to the employer in an advantageous manner
It seems to me, the head of the General Affairs Division (Natsume Kazuaki) is saying abusive such as (to try if you can trial) against the bereaved family.

5.In the first instance civil litigation, the defendant ignored the notification of the preservation of the evidence of the court,

The defendant submitted a newly created "evidence of self-made performance without a third-party proof of good faith".

For some reason the judge in charge of civil affairs recognizes the argument of the first instance defendant.

Contents of disclosure materials of Labor Standards Inspection Office and opinion of Labor Standards Inspection Division Doctor (psychiatrist)
Although the court has not admitted,

For some reason why the defendant presented to the court "Name of a disease without evidence of a doctor"
"Judge approves" is described in the first instance judgment sentence.
一審裁判長(Presiding judge) 参照(reference)
The bereaved families have obtained a copy of the corresponding record from the relevant hospital.
Is not the judgment violating the doctor's law?

Why do not believe why the judge 's notice at the time of evidence preservation will be broken by the same court,

Is this a justice act done by the court?
The court completely gives preferential treatment to the first instance defendant.

6. It is felt that the involvement of Shizuoka District Court director at that time mentioned in the above 4 is great.
The court director at the inaugural meeting, not only on the administrative side but "he makes statements that seems to be involved in each case for each case"
That is why I feel involvement of the director.
  所長の関与を感じる理由です。  参照(reference) 参照(reference)

7. The bereaved families naturally appealed to the Tokyo High Court.
Tokyo High Court appeal procedure is through the Shizuoka District Court, the number of days is necessary.

In order to be in time for the first trial of the high court, "the president of the first instance district court"
On February 22, Heisei 28, I transferred to the Tokyo High Court,
As a matter of fact it became the presiding judge of the case this time.
    (It seems to be systematic, does not it fall under the challenge?
   (計画的と思えます、 忌避に該当しないのでしょうか?)

The Tokyo High Court rejected the reason on May 18, 2016 for reason not to say "It does not fall under the reason for appeal."

This is one of the reasons for  appeal of the Supreme Court.
  これは、最高裁判所 上告理由の一つです。

There is a doubt that "a judge who can not participate in a judgment by law was involved in a judgment".

Does not it apply?

● In the judgment of the first and second trials, the above-mentioned illegal interpretation ( "Contents that are partially different from the preservation of evidence (falsification of documentation), violation of employment rules,

● Suspected breach of doctor law due to disclosure of medical records of surviving hospital,
  Ignoring the evidence (the disclosure material of the labor standards supervision department), which seems to be the political pressure by the media enterprise

● The judgment has no explanation from the court at all (concerning the result of investigating the cause "ignorance of disaster rationale on occupational accident work"),
It is doubtful that this is a judgment that is not intentionally deliberate.

Also, the possibility that the court document sent to the high court from the district court has been edited to favor the first instance defendant,
Because the presiding judge and the chief trial president are the same person, we can not help being suspicious.

For the reasons above, the Supreme Court interprets that he has made a judgment that there is no reason for appeal.

8. Of course, the bereaved families made a final appeal to the Supreme Court,
It is via the High Court (rejected)
(Appellate Procedure Material) had stayed in the Tokyo High Court for nearly a month,
Petitioner It is anxiety factor as to what kind of high court's supplementary sentences and attached materials (including evidence etc.) are being edited.
Bereaved families are worried because the High Court bends the truth and there are possibilities (consideration of local media).
There is also a doubt that there is a questionable part in judicial documents sent from the survivor district court to the high court?

Some public organizations, mass media companies that speculate that they cooperated in a judgment that seems to be "unjust" for the deliberations of the Supreme Court
Whether to take priority on "requests for behind the powerful person" such as "

The constitution and law of Japan should be considered as the ally of "the Japanese people who are developed countries"
I think that the bereaved family watches deeply,
The survivors speculate that political consideration is strong in the results

Can Japanese people who are developed countries be able to believe in the judgment of such courts (District Court, High Court, Supreme Court)?

9. As a result of appeal, October, Heisei 28
It was rejected at the end of the investigation of the "investigator" document at the Supreme Court.
  As I was worried about, "The bureaucratic principle of the court is greatly felt."

 ① The Supreme Court members are the 2nd small court. In the Internet materials, the presiding judge should be the highest director of the Supreme Court
However, the name of the Supreme Court's highest director is not included. Also, the survey has no signature of the investigative judge
It is only substitute for ○.
Appellant bereaved families seem to have submitted an opinion to the Chief Justice of the Supreme Court in advance regarding matters deemed illegal
It seems that there is no effect

② The second trial high court, the presiding judge, "There is also a background of the personnel department president of the Supreme Court", it is a basis that the bureaucratic principle of the entire court is felt greatly.
The judge held the "Shizuoka District Court Director" at the time of the judgment of the first instance court, and at the "appointment ceremony time", for the attending newspaper reporter,
"Even with trial deliberations, they are involved in each case", they are making remarks,
The first instance defendant is a major local media enterprise in rural areas where political pressure of shadows is possible.

It seems that there is a possibility that the presiding judge of the applicable High Court will be appointed near the Justice of the Supreme Court (inside notice?) At the rumor (thread at other site)?

If such a judge became "Judge of the Supreme Court", will Japanese trials be unnatural?
  仮にこの様な判事が「最高裁判所判事」になったら、日本の裁判は不自然になりませんか? 参照(reference)
  **336 : 2016/01/15(金) 21:05:57.95 id:B1ukyBXP0

Is the current law that Japan's law allows this kind of behavior?
For elite judges, is the way of thinking of social justice indirectly obtain cooperation of mass media enterpriser by barter and it is a method to do straightforwardly on a career highway?
Is social justice that helps developed countries (Japanese citizens) evil for elite judges?
The bereaved families have big questions about the present Japanese judicial system

In conclusion, the present Japanese judgment is judged mainly by the interests of the court (individual judge), judgment is given
In fact, it can not be said that considering social justice of (Japanese citizen) necessarily, the court 's own convenient judgment is "positive
It is only to think that it is implementing "righteousness and selfishness".

Japanese courts may "make unjust rulings at the discretion for the personal benefit of the judge"
It seems that there is an implicit consent that senior courts say that they may "support action".
Although there seems to be a law called the overworking death prevention law, even if there is a law, judges judge at "judge's discretion" that "
"On the condition of a return of silence)", if the judge seems to be selfish consideration, the function of the court is not fulfilled.
Under present circumstances, inspections of good third parties etc. are required,
Is not there a need for "disciplinary action etc" against the judge who made an unjust ruling?

Allowing this situation, it causes some of the major events such as "the Great Depression" by accumulation
There is a possibility.
Those who are in a position to be able to examine among intellectuals of advanced cultural countries, please consider. Please

Lawyers requested by a friend did "appeal and appeal", that person is Mr. Nakamura of Numazu and Ms. Komiya of Yokohama,
I could not know if the ability of the person to tackle the trial was good or bad.


(Caution) We can not accept any inquiries and questions regarding this matter from the relationship with others, and also reply etc.
Please note it can not be done.

参考書籍(Reference book) 新潮文庫「裁判官が日本を滅ぼす」 門田隆将 著

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